Monthly Archives: September 2010

Restraining Orders

Castle Rock Colorado Restraining Orders Attorneys

If you are a victim of domestic violence – or you fear that someone intends to harm you – the State of Colorado makes it possible for you to ask the court to issue a restraining order, also called a protective order. The order is designed to compel an individual to stay away from you. According to the Colorado Judicial Branch, obtaining an order requires that you state an individual has “hurt or threatened to hurt you and that you are in imminent danger of further abuse or threats if the order is not issued.”

The Castle Rock family law attorneys at Ellmann & Ellmann can provide you with complete information on obtaining a restraining order. We can also advise you about the ways in which an order can be a helpful strategy in protecting yourself and your children in situations where domestic violence seems likely. At Ellmann & Ellmann, we believe that you and your children deserve to live peacefully and without fear for your safety. We understand the situations in which restraining orders can be effective and we are prepared to take action on your behalf to help you ensure your well-being and that of your children.

In Colorado, there are two types of restraining orders. A temporary restraining order is issued for a period of up to two weeks (14 days). This is the first step in the process, and the order will tell you when you must return to court to ask that a permanent restraining order be issued. The temporary order can be obtained immediately. It can also address concerns about your children and their care and safety. In a dire situation that occurs after […]

By |September 9th, 2010|family law|Comments Off

Drug Charges

Colorado Drug Attorney
If you’re charged with a drug-related crime in Colorado, you could find yourself facing serious consequences. Just possessing so-called “controlled substances” is illegal, but so is selling drugs, manufacturing them, dispensing or distributing them and more. The severity of drug charges can be affected by multiple factors – what drug you have, the amount of the substance, and the reason for which you have it.

The Denver drug charge attorneys at Ellmann & Ellmann know the law when it comes to drug offenses. Whether you’ve been arrested for possessing a substance for personal use (generally the least serious of the range of potential drug violations) or something more complicated, we’re here 24/7 to meet with you and to take immediate action on your behalf. If you’ve been arrested for drug charges, you need to know your rights. At Ellmann & Ellmann, our criminal defense lawyers have the know-how to represent you confidently and effectively.

Colorado has adopted the same system of classifying controlled substances that is used by the federal government. The system is referred to as drug scheduling and lists five categories (schedules) that include substances the government regulates. Schedule 1, 2 and 3 drugs are considered the most dangerous. That determination is based on a drug’s potential for abuse, whether it is useful for medical purposes, its level of safety, its potential for causing dependency, and other factors.

If you are arrested on drug charges, the consequences can vary widely. If you’re charged with possession of a minimal amount of a controlled substance for your own use, for instance, you might be fined and perhaps placed on probation. However, if you’re arrested for possession of a large amount of cocaine that’s obviously been […]

By |September 9th, 2010|criminal law|Comments Off

Theft & Property Crimes

Colorado Theft Attorney
The Colorado statutes explain theft as an act of knowingly taking or concealing something of value from someone else with the intention of permanently keeping them from having it or from benefiting from it. Theft can cover a lot of territory, from taking inexpensive merchandise from a store shelf to stealing large sums of money. According to the U.S. Bureau of Justice Statistics, theft occurs more frequently than any other property crime. Obviously, the potential penalties associated with theft and property crime can vary greatly, too, depending on what has been stolen or what sort of act committed.

Colorado theft and property crime attorneys at Ellmann & Ellmann know that charges involving theft or property crimes demand a comprehensive understanding of the law. They also recognize how important it is to fully analyze the circumstances under which an individual is arrested for such charges. At Ellmann & Ellmann, our criminal defense lawyers have wide-ranging experience in handling cases involving all types of theft and property crimes charges. We know how to ensure that your legal rights are protected.

Aside from theft, other property crimes might include burglary, car theft, larceny, purse snatching and more. And when it comes to theft, the computer age has ushered in the era of cybercrime and identity theft – which includes the unauthorized use of someone else’s credit cards, bank accounts and personal information.

In Colorado, rates of theft and property crime have been declining since 2005. The U.S. Bureau of Justice Statistics reported 188,449 property crimes in the state that year, with a much lower total of 141,107 for its most recently documented year (2008). Similarly, larceny/theft figures for Colorado in 2005 totaled 112,843 reported offenses compared with 99,468 […]

By |September 9th, 2010|criminal law|Comments Off

Auto Theft

Auto Theft in Colorado | Castle Rock
In Colorado, about 272 of every 100,000 people can expect to have their cars, trucks or other motor vehicles stolen in the space of a year’s time. That means that more than 13,400 vehicle thefts typically occur in the state each year, and Denver/Aurora is the top-ranked area for car thefts in Colorado. Stealing a motor vehicle can be either a felony or a misdemeanor offense, depending on the circumstances involved and on the value of the vehicle.

The Colorado auto theft defense attorneys at the law firm of Ellmann & Ellmann understand how many different situations can result in charges of auto theft. Because each case is unique, our legal experts know how important it is to sit down with you to fully explore the charges you face. We also know that arrests often don’t conveniently happen during standard office hours. That’s why the auto theft defense lawyers at Ellmann & Ellmann have made the commitment to be available when you need us. If you’ve been arrested for auto theft, we’re ready to act swiftly to protect your rights.

Colorado has undertaken particularly aggressive tactics to respond to vehicle thefts. State law created the Colorado Auto Theft Prevention Authority for the specific purpose of reducing vehicle theft in the state. That means that increased efforts by law enforcement agencies can encourage assertive responses by officers when auto theft is suspected. It’s important to know that your legal rights aren’t jeopardized because of such an approach. If you’re charged with auto theft, rapid consultation with an experienced criminal defense attorney can help ensure that you are protected from an overzealous law enforcement action.

Just what happens if you’re arrested? Law enforcement […]

By |September 9th, 2010|criminal law|Comments Off

Sealing of Criminal Records

Getting Your Criminal Record Sealed in Colorado

If you or someone you care about has made a mistake in the past that resulted in a criminal record, that record can follow you for a long time, perhaps causing you problems in applying for jobs, in renting an apartment or in other situations. There are circumstances in which you may have the right to ask the court system to have your criminal record sealed in Colorado.  That means that the general public cannot access those records. Sometimes the term “˜expungement’ is used in referring to criminal records, as well. While sealing your record prevents public examination of the documents, expunging a record involves actually destroying it. Colorado law addresses both sealing and expungement, but the processes involved can be complex, calling for the informed advice of a qualified Colorado criminal law attorney.

The experienced attorneys at Ellmann & Ellmann know that past mistakes can continue to cause difficulty long after charges have been dismissed or you have acquitted at trial. Your emotional and financial well-being – and that of your loved ones – can be adversely affected by the lingering effects of a criminal record. But we can help. Our experienced criminal defense lawyers are knowledgeable about Colorado’s procedures for having criminal records sealed. We can work with you to help ensure that routine checks by potential employers, landlords, or others don’t limit your present activities and prospects anymore.

Colorado’s court system defines sealed criminal records as those “involving a criminal incident that can be represented not to exist.” In effect, what that means is that you must meet certain eligibility criteria in order for the court to consider sealing your records. That can happen when:

There were […]

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Juvenile Crimes

Colorado Juvenile Defense Attorney – Serving Castle Rock & All of Douglas County.

No one wants to imagine that their child might get into legal trouble, but juvenile offenses happen and children make mistakes. In Colorado, the court system that addresses juvenile offenses has procedures and rules that are uniquely its own. Although a crime is committed by a child, he or she may face punishments that can be as life-changing and serious as the sentences that are applicable to adult offenders. When your child is in trouble, you need the counsel of a qualified Colorado  juvenile defense attorney.

At Ellmann & Ellmann, our Castle Rock Colorado  juvenile defense attorneys know how upsetting it can be for children and parents, alike, when a child is accused of breaking the law. We approach cases involving children with the compassion and sensitivity you want for your family. Our juvenile offenses lawyers are well-versed in the state’s juvenile justice system, and we understand the laws and the procedures that apply in such cases. Whether you child has been accused of a misdemeanor or a more serious felony offense, the attorneys of Ellmann & Ellmann stand ready to explain your options and to provide the informed guidance you and your child need at this difficult time.

Offenses committed by juveniles in Colorado are characterized as status offenses or delinquency offenses. Status refers to the fact that it is illegal for minors to engage in some actions that would not be illegal if they were adults. Examples of status offenses are possession/use of alcohol, violation of curfews, running away from home or skipping school (truancy).

On the other hand, delinquency charges encompass more serious activities, such as drug violations, vandalism, assaults and […]

By |September 9th, 2010|criminal law|Comments Off

Traffic Offenses

Traffic & Speeding Ticket  Attorney

In Colorado, traffic offenses can encompass many kinds of violations. Certainly, impaired driving while under the influence of alcohol or drugs can spell serious consequences for motorists, but other violations also can mean distressing and costly results. Convictions for speeding, reckless driving, illegal turns, driving without a valid license, leaving the scene of an accident, running a red light and other offenses can mean higher insurance rates, points against your driver’s license, fines, loss of driving privileges and other penalties. If you’ve been charged with a traffic violation, don’t discount it as a minor inconvenience. You need the advice of an experienced Traffic & Speeding ticket attorney in Castle Rock Colorado.

The Castle Rock traffic ticket lawyers at Ellmann & Ellmann know that it’s a mistake to assume a violation such as speeding or running a stop sign can’t have potentially long-lasting effects. Our attorneys are experienced in handling a wide range of cases involving traffic offenses. We’re ready to work for you to have charges reduced or dismissed or to minimize the penalties you face. At Ellmann & Ellmann, we know that traffic issues don’t always happen during the typical workday, so we’re accessible when you need us, day or night.

What can happen if you’re arrested for a traffic violation? Although many people imagine that they might just pay a ticket and be done with an offense, it often isn’t that simple. Of course, penalties vary with violations, but some of the consequences you could face include:

Driver’s license points
Increased insurance rates
Mandatory classes for drivers
Community service
Jail sentences
Driver’s license suspension or revocation
Payment of fines
Payment of restitution

Penalties are more severe when traffic offenses result in damage to property or in injuries or deaths. […]

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Misdemeanor Crimes

Crimes more minor in nature than felonies are called misdemeanors. Unlike felonies, convictions for misdemeanors do not result in prison terms (or more severe penalties). Although you can be forced to give up your freedom for a misdemeanor conviction, incarceration takes place in a city or county jail as opposed to a prison. If you’re convicted of a misdemeanor offense, you may be sentenced to pay a fine only. In some situations, convictions result in both jail time and fines.

The Denver defense attorneys at Ellmann & Ellmann understand that your life can be disrupted by a misdemeanor conviction. We’ll take time to meet with you and get a clear understanding of the circumstances you face. Then, we’ll go to work on your behalf, applying our expertise with the goal of having charges against you reduced or dismissed. If a conviction does result, we’ll aggressively represent your interests and work to secure the minimum sentence possible within your unique situation.

Like the classification systems for felonies in Colorado, the lower the number of a class of misdemeanor, the greater the degree of seriousness. A Class 1 misdemeanor also carries stricter sentence limits than do Class 2 or 3 offenses. Colorado adds another consideration to the mix, too. State lawmakers have designated some offenses that present what they call “an extraordinary risk of harm to society.” Maximum jail sentences for those crimes are increased by six months. What kind of offenses are considered extraordinary risk crimes? Some examples are sexual assault, child abuse, and protection order violations. In order to constitute extraordinary risk, special circumstances must be demonstrated. A skilled misdemeanor defense attorney can accurately assess the charges against you to determine the exact nature of the […]

By |September 9th, 2010|criminal law|Comments Off

Felony Crimes

Colorado Felony
Felonies are serious offenses that include such acts as burglary, robbery, rape, kidnapping, manslaughter and murder and are usually characterized as those offenses for which prison time is possible. Colorado law specifies six classes or degrees of felonies, with lower numbers signifying the most severe crimes. For instance, first-degree murder is a class one or first-degree felony. When you’ve been charged with a felony offense, knowing what to expect and what legal rights you have can be crucial. For expert advice, you need a knowledgeable criminal defense attorney.

In Colorado, the Denver defense lawyers at Ellmann & Ellmann understand how to help those accused of committing felonies. Our attorneys are experienced in all aspects of criminal defense and we understand what a confusing and upsetting time you’re facing. That’s why we’re committed to being accessible when you need us, day or night. It’s also why we promise you personalized attention and a free consultation to explore your options.

In a year’s time, about three out of every 100,000 adults in Colorado will be arrested for homicide. More than 10 out of every 100,000 are arrested for rape. Nearly 20 will be arrested for robbery, and about 117 of every 100,000 adults in the state will be arrested for aggravated assault. These figures provided by the U.S. Department of Justice represent the consequences of only a handful of possible felonies that are committed in Colorado each year.

Colorado Felony statutes specify minimum and maximum sentences for Colorado felony convictions. Those range from life in prison to the death penalty for Class 1 felonies. In contrast, Class 6 felonies carry a minimum sentence of one year in prison and a $1,000 fine, and a maximum of 18 months’ […]

By |September 9th, 2010|criminal law|Comments Off

DUI Castle Rock Law Firm

Denver DUI Attorney | Colorado Drunk Driving Laws

When charged with drunk driving, you need a qualified and aggressive Denver DUI attorney. At Ellmann & Ellmann, P.C. in Castle Rock, Colorado, we have provided legal help to many clients facing Colorado Drunk Driving charges throughout the state.

Express Consent

Colorado is deemed an express consent state. The act of getting behind the wheel of a car means that you agree to consent to a chemical test of breath or blood only if probable cause exists. Refusing to submit to testing will cause your license to be revoked for one year without the ability to secure a restricted license or drive at all.

DUI vs. DWAI

Driving under the influence (DUI) is operating a motor vehicle at a .08 or higher alcohol level. Driving while your ability is impaired (DWAI) is charged if the driver’s blood alcohol level is .05 or higher. The charges are very similar and carry similar penalties. The burden of proof by the prosecution differs only in that they are required to prove that you were affected to the slightest degree, beyond the level of exercising clear judgment.

Needing a Qualified DUI Attorney

Colorado Drunk Driving Laws are complex and the penalties are serious. Many who have been charged immediately plead guilty in an effort to make the matter go away. They disregard the issues of license revocation, higher insurance rates and a DUI on their record.

When you meet with a Denver DUI attorney at Ellmann & Ellmann, P.C., we immediately get to work on your case. That includes working to protect your ability to drive while the case is ongoing. We will also gather all the evidence, including any paperwork and video or audio footage of the […]

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Criminal Law

Best Criminal Attorney | Castle Rock Colorado
Being convicted of a felony or misdemeanor is a mark on your record that will follow you wherever you go. Many of those charged feel that the only way for the matter to go away is to plead guilty immediately. You have options and rights. You need a law firm that understands Denver Criminal Law and will perform a detailed investigation of the procedures involved to make sure your rights were not violated. We have handled cases regarding charges for all levels of crimes in State, County, and Municipal Courts throughout Colorado.

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